Indexed as:
Pieters v. Ontario Human Rights Commission

Between
Selwyn Pieters, applicant, and
Ontario Human Rights Commission, Keith Norton, Remy
Beauregard, Bran Eyolfson and Trustee of Investigation,
respondents

[2000] O.J. No. 1768
Court File No. 645/99

Ontario Superior Court of Justice
Divisional Court - Toronto, Ontario
O'Driscoll, Yates and Meehan JJ.

Heard: March 24, 2000.
Oral judgment: May 24, 2000.
(4 paras.)

Counsel:

Selwyn Pieters, on his own behalf.
Dennis W. Brown, Q.C., for the respondents.

      The judgment of the Court was delivered by

 1      O'DRISCOLL J. (orally):— On September 24, 1999, the applicant launched an application for a judicial review. On page 4 of Tab 1 of the application record, a copy of that document is found; it states:

1.

The Applicant makes application for:

1.

The applicant makes an application for an order quashing and setting aside the decision of the Respondent, the Ontario Human Rights Commission (hereinafter "the Commission"), dated September 21, 1999, in which the Commission refused to deal with the Applicant's human rights complaint (T1-98-0046) pursuant to section 34(1)(a) of the Ontario Human Rights Code (the "Code");

 2      It is conceded that the applicant was not supplied with a copy of the analysis and counsel for the respondents is prepared, as is the Commission, to treat the September 21, 1999, and the November 17, 1999, orders of the Commission as nullities.

 3      Accordingly, the application to quash the September 21, 1999, order and the November 17, 1999, order, is allowed.

 4      With the concurrence of my colleagues, I have endorsed the back of the applicant's record as follows:

This application is allowed and the September 21, 1999, and the November 17, 1999, orders of the Ontario Human Rights Commission are quashed.

Costs payable to the applicant in the fixed amount of $800.00.

O'DRISCOLL J.
YATES J.
MEEHAN J.

QL Update:  20000529
cp/d/qlrme